The Criminal Legal Aid (Contribution Orders) Regulations 2013

Determination by the Director of liability to make a payment out of income E+W

12.—(1) Except where regulation 13 applies, where the Director calculates that an individual’s disposable annual income is £3,398 or less—

(a) the individual is not liable to make a payment out of income; and

(b) the Director must notify the individual that the individual is not liable to make a payment out of income but may be liable to make a payment out of capital.

(2) Where the Director calculates that an individual’s disposable annual income exceeds £3,398, the Director must—

(a) make a determination that the individual is liable to make six payments of one twelfth of 90 per cent of the individual’s disposable annual income;

(b) issue an income contribution order recording the determination; and

(c) notify the individual that the individual may also be liable to make a payment out of capital.

(3) The Director must not make a determination under this regulation or regulation 13 until—

[F1 (a) the individual has been sent to the Crown Court, or

(b) the bill of indictment has been preferred.]

Textual Amendments

F1 Reg. 12(3)(a)(b) substituted for reg. 12(3)(a)-(c) (5.10.2015) by The Civil and Criminal Legal Aid (Amendment) (No.2) Regulations 2015 (S.I. 2015/1678), regs. 1(2)(a), 6 (with reg. 10(1))

Commencement Information

I1 Reg. 12 in force at 1.4.2013, see reg. 1